PART VAnnual Adjustment of Pensions and Allowances (continued)

Marginal note:Limitation

76(1) Notwithstanding anything in this Part, the amount of any pension or allowance that may be paid to a person for a month in any calendar year shall not, by reason only of this Part, be less than the amount of the pension or allowance that was or may be paid to that person for any month in the immediately preceding calendar year.

Marginal note:No adjustment when Consumer Price Index is lower

(2) Notwithstanding anything in this Part, if, in relation to a calendar year, the Consumer Price Index for the first adjustment year is lower than the Consumer Price Index for the second adjustment year,

(a) no adjustment shall be made by virtue of paragraph 75(1)(a) in respect of that calendar year; and

(b) no adjustment shall be made by virtue of that paragraph in respect of any subsequent calendar year until, in relation to a subsequent calendar year, the Consumer Price Index for the first adjustment year that relates to that subsequent calendar year is higher than the Consumer Price Index for the second adjustment year that relates to the calendar year referred to in paragraph (a), in which case the second adjustment year that relates to the calendar year referred to in paragraph (a) is deemed to be the second adjustment year that relates to that subsequent calendar year.

R.S., 1985, c. P-6, s. 76

2000, c. 34, s. 36

Marginal note:Where basis of Consumer Price Index changed

77 Where at any time the Consumer Price Index is adjusted to reflect a new time basis or a new content basis, a corresponding adjustment shall be made in the Consumer Price Index for any twelve-month period that is used for the purpose of calculating the amount of any pension or allowance that may be paid.

(b) was a person in respect of whom an additional pension was being paid to the member

need not make an application in respect of a pension referred to in paragraph 21(1)(i) or (2)(d) or subsection 34(6), (7) or (11) or 45(2), (2.1), (3), (3.01) or (3.1) or an allowance referred to in subsection 38(3) or 72(5).

R.S., 1985, c. P-6, s. 80

1995, c. 18, s. 73

2000, c. 12, s. 231

Marginal note:Waiver of requirement for application

80.1(1) The Minister may waive the requirement for an application for an award if he or she believes, based on information that has been collected or obtained by him or her in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, that a person may be eligible for the award if they were to apply for it.

Marginal note:Notice of intent

(2) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person, orally or in writing, of that intention.

Marginal note:Accepting waiver

(3) The person may accept to have the requirement for an application waived by notifying the Minister, orally or in writing, of their decision to accept the waiver and, in that case, the person shall, in any period specified by the Minister, provide him or her with any information or document that he or she requests.

Marginal note:Date of waiver

(4) The requirement for an application is waived on the day on which the Minister receives the person’s notice of their decision to accept the waiver of the requirement.

Marginal note:Minister may require application

(5) The Minister may, at any time after he or she notifies the person of his or her intention to waive the requirement for an application and for any reason that he or she considers reasonable in the circumstances, including if the person does not provide the Minister with the information that he or she requested in the period that he or she specifies, require that the person make an application and, in that case, the Minister shall notify the person in writing of that requirement.

Marginal note:Waiver cancelled

(6) A waiver is cancelled on the day on which the Minister notifies the person that they are required to make an application.

2018, c. 12, s. 122

Marginal note:Effect of waiver

80.2(1) If the requirement for an application for an award is waived by the Minister, the application is deemed to have been made on the day on which the requirement is waived.

Marginal note:Effect of cancelling waiver

(2) Despite subsection (1), if the waiver is cancelled after the day on which the Minister receives the person’s notice of their decision to accept the waiver, no application is deemed to have been made.

(a) provide a counselling service to applicants and pensioners with respect to the application of this Act to them; and

(b) assist applicants and pensioners in the preparation of applications.

R.S., 1985, c. P-6, s. 81

R.S., 1985, c. 16 (1st Supp.), s. 12

1995, c. 18, s. 73

Marginal note:Review of decisions

82(1) Subject to subsection (2), the Minister may, on the Minister’s own motion, review a decision made by the Minister or the Commission and may either confirm the decision or amend or rescind the decision if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or may do so on application if new evidence is presented to the Minister.

Marginal note:Exception

(2) Subsection (1) does not apply with respect to a decision made by an Assessment Board or Entitlement Board under the former Act.

(3) If a person has received or obtained an overpayment and the Minister is satisfied that

(a) the overpayment cannot be recovered within the reasonably foreseeable future,

(b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered,

(c) repayment of the overpayment would cause undue hardship to the person, or

(d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant,

the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment.

Marginal note:Erroneous awards

(4) Notwithstanding anything in this Act, the Minister may continue payment of an award, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

(a) the amount paid to the person to which the person was not entitled is the result of an administrative error, delay or oversight on the part of a public servant and has been remitted pursuant to paragraph (3)(d);

(b) no part of the amount paid to the person to which the person was not entitled was the result of a misrepresentation or of concealment of a material fact on the part of the person, in the opinion of the Minister;

(c) cancellation or reduction of the award would, in the opinion of the Minister, cause undue hardship to the person; and

(5) Where a survivor or surviving dependant of a deceased member of the forces retains any amount of the member’s award paid after the last day of the month in which the member died, that amount may be deducted from any award granted to the survivor or surviving dependant.